Alaska Immunity Law
 

Harold Kiyukldook v. United States of America

Anchorage, Alaska personal injury lawyers represented the Plaintiff who sued individually and on behalf of M.K., a minor child, on Federal Tort Claims Act (28 U.S.C. 2674) medical malpractice theories.

The Federal Tort Claims Act (FTCA) allows individuals to sue the federal government for damages caused by the negligence or wrongful acts of federal employees. Essentially, it waives the go... More...
   $0 (05-27-2025 - AK)

Deanna Smith v. State of Alaska

Anchorage, Alaska, criminal defense lawyer represented the Defendant was subject to a domestic violence protective order (DVPO) that required him to give a day's notice to security personnel whenever he needed to visit the medical center where his former girlfriend worked. The woman alleges that the man violated this notice provision many times over a three-year period by coming to her workplace ... More...    $0 (02-21-2025 - AK)

Elizabeth Heynen v. Julene Fairbanks

A tenant fell on the outside stairs of her rented apartment and sustained a serious back injury. When she fell, one of the wooden stairs broke. She sued her landlord, from whom she subleased the apartment, alleging that her fall was caused by the landlord’s negligent failure to inspect and maintain the staircase.

Before trial, the tenant filed a series of motions in limine, including one ... More...
   $0 (02-01-2013 - AK)

Estate of Simone Young Kim v. Ray Coxe d/b/a Rayco Sales

Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe’s gun store. Kim’s Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). The Estate argued against applying the PLCAA and alternativel... More...    $0 (02-22-2013 - ak)

William Carlo Jachetta v. United States of America

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...    $0 (08-01-2011 - AK)

Leta Trask v. Katchikan Gateway Borough

Leta Trask painted a religious message on her roof. Ketchikan Gateway Borough filed a complaint seeking to enjoin Trask from displaying the message, arguing that the message violated a borough ordinance prohibiting roof signs. Trask counterclaimed for relief under 42 U.S.C. § 1983, arguing that the Borough’s enforcement of the ordinance violated her right to free speech. The superior court conc... More...    $0 (06-17-2011 - AK)

Franklin Schug v. Stephanie Galbraith Moore

In 2004 Franklin Schug sued the Alaska Department of Corrections (DOC) for negligently causing him to suffer personal injury while being transported from an Alaska prison to an Arizona prison. Assistant Attorney General Stephanie Galbraith Moore defended DOC in that suit, and the jury entered a verdict in DOC’s favor. Schug then sued Moore, alleging she engaged in fraud, deception, and conspirac... More...    $0 (07-02-2010 - AK)

James Weed v. Bachner Company, Inc.

The sole question in this case is whether state procurement officials are entitled to absolute immunity or qualified immunity for common law claims arising from the bid evaluation process. In this case, a disappointed bidder sued the procurement officials individually after the administrative hearing officer in the bid protest proceeding found serious improprieties in the bid evaluation process. T... More...    $0 (05-14-2010 - AK)

Robin L. Pepper v. Routh Crabtree, P.C., et al.

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...    $0 (11-20-2009 - AK)

David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...    $0 (10-08-2009 - AK)

Arthur J. Porter; Christie L. Porter v. Arthur J. Osborn and Joseph Whittom

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an emergency situation by his own excessive actions. It comes in the context of a lawsuit brought by the parents of the vic... More...    $0 (10-23-2008 - AK)

Robert Davis Townsend v. University of Alaska

Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA” or the “Act”), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an individual against an ... More...    $0 (09-05-2008 - AK)

Jesse Glover v. State of Alaska, Department of Transportation, Alaska Marine Highway System

A state-employed seaman injured on the job presents a declaratory challenge to AS 09.50.250(5), a recently enacted provision rescinding the state's waiver of sovereign immunity from suits under the federal Jones Act and referring state employees exclusively to the state workers' compensation system. The employee argues that the statute violates the Alaska Constitution's waiver of sovereig... More...    $0 (01-20-2008 - AK)

United States of America v. George Frank Plunk, etc.

Plunk appeals from the district court's Amended Final Decree of Forfeiture. The court awarded Plunk compensation in lieu of property to be returned under 28 U.S.C. 2465 and calculated the amount due to Plunk based on the sale proceeds of the property. The court denied Plunk any additional compensation for consequential damages related to the seizure and forfeiture of the property, and... More...    $0 (12-27-2007 - AK)

T.C. Greywolf v. William N. Carroll, M.D.

A mental health unit patient, T.C. Greywolf, was arrested at Fairbanks Memorial Hospital and discharged to Fairbanks Correctional Center on a charge of felony assault in the third degree because she had allegedly threatened to harm her psychiatrist, Dr. William Carroll. After Greywolf was acquitted in her criminal trial, she filed charges against Dr. Carroll for (1) malicious prosecution;... More...    $0 (01-17-2007 - AK)

Joseph Frederick v. Deborah Morse, Juneau School Board

This is a First Amendment student speech case.

Facts

One January day, Coca-Cola and other private sponsors supported a "Winter Olympics Torch Relay" in Juneau, Alaska. Students were released from school so that they could watch the Olympic torch pass by. Joseph Frederick, then an 18-year-old senior at Juneau-Douglas High School, never made it to school that morning because he got ... More...    $0 (03-14-2006 - AK)

Native Village of Ekluntna v Alaska Railroad Corporation and Municipality of Anchorage

This is the third appeal arising out of the Alaska Railroad Corporation's quarry operations on culturally significant land adjacent to the Native Village of Eklutna, which lies within the boundaries of the Municipality of Anchorage. Eklutna sought a preliminary injunction to enjoin the Railroad from blasting and all other quarry activities, arguing that the Railroad does not have a conditio... More...    $0 (03-12-2004 - AK)

Randy Dougan v. Aurora Electric, Inc.

Randy S. Dougan sustained work-related injuries during his employment with Aurora Electric. The Alaska Workers' Compensation Board heard and resolved his claims. Dougan appealed the board's decision to the superior court. Dougan now appeals the superior court's decisions that he was not entitled to penalties and interest on his award and that thirteen of his fifteen claims should be dismiss... More...    $0 (06-28-2002 - AK)

Vernon Solomon v. Interior Regional Housing Authority

Title 25 U.S.C. 450e(b) provides that "[a]ny contract, subcontract, grant, or subgrant pursuant to [an act] authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible," preference shall be given to Indians in the employment and training opportunities connected with the grant. This appeal requires us... More...    $0 (12-20-2002 - AK)

Samissa Anchorage, Inc., d/b/a North Star Adolescent Hospital v. The Department of Health and Human Services, et al.

Samissa Anchorage, Inc. (d/b/a North Star Hospital or North Star) provided psychiatric services to state Medicaid patients between 1993 and 1996. North Star challenged the 1993, 1994, and 1995 Medicaid reimbursement rates of the Department of Health and Social Services (the department) in one administrative claim and challenged the 1996 rate in another.1 North Star ultimately appealed both cha... More...    $0 (10-25-2002 - AK)

Juan Valdez v. Mark A. Rosenbaum, et al.

In this civil rights action, Juan Valdez alleges that his con-stitutional rights were violated during his pretrial detention in the Alaska Cook Inlet Pretrial Facility ("CIPT"). Valdez was a federal detainee who was held in CIPT pursuant to an agree-ment between the state of Alaska and the U.S. Marshal Ser-vice. After he was convicted in federal court, Valdez filed this suit against Assistan... More...    $0 (09-05-2002 - AK)

Evelynn C. Foster v. State of Alaska, Department of Transportation

Indian Law - The superior court dismissed for lack of subject matter jurisdiction Evelynn Foster's trespass claim against the State of Alaska. Because adjudicating Foster's claim would have required the superior court to determine the scope of an easement on Foster's Native allotment, and because state courts lack jurisdiction to adjudicate the ownership or right to possession of Native all... More...    $0 (11-16-2001 - AK)

Jason Paul Dore, et al. v. The City of Fairbanks, et al.

On April 29, 1986, Jack Dore killed his wife Carmen Dore and then killed himself. Seven days earlier, the Fairbanks police had obtained a warrant for Jack Dore's arrest for harassing Carmen. More than ten years later, the Dore children, Jamie, Brandi, and Jason, brought this action against the city alleging negligence in protecting Carmen and failing to arrest Jack. The superior court gra... More...    $0 (09-28-2001 - AK)

Alpine Industries v. Feyk

Alpine Industries, Inc. sued Dr. Lori Feyk, a public health official with the Alaska Department of Health and Social Services, for libel after she authored a public health bulletin critical of Alpine's air cleaning products.

Alpine Industries, Inc. sued Dr. Lori Feyk, a public health official with the Alaska Department of Health and Social Services, for libel after she authored a p... More...    $0 (05-11-2001 - AK)

Michael R. Hayes v. Bering Sea Reindeer Products, et al.

Breach of Contract - Federal Aviation Administration NCI contracted to purchase a Beechcraft E-18 aircraft for $73,000 from Bering Sea Reindeer Products. NCI intended to use the aircraft for commercial purposes. After making the initial $25,000 down and taking possession of the aircraft, NCI discovered that it would require extensive repairs before it would pass FAA inspection. NCI made no fu... More...    $0 (08-20-1999 - AK)

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AK Morlan
Kent Morlan, Esq.
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